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July 28, 2008

Driver Permits Held up by Unauthorized Demands

Last year, the Kentucky Legislature passed House Bill 32, which requires verification that a minor is in school and making academic progress before he can obtain a learner’s permit or driver’s license. Since that time, several homeschooling parents have had problems when their child applies for one of these permits.

Over the past few months, Home School Legal Defense Association member families in Alden, Carlisle, and Graves County have contacted us when their school district demanded that they turn over their homeschool records. Most districts have attempted to require attendance records, work samples, and grades. Some have insisted on a meeting to discuss the child’s progress.

Currently under Kentucky regulations when a homeschooled student applies for a permit, the parent can either obtain a Kentucky Transportation Cabinet form signed by local school officials, or sign a statement that the child is successfully participating in a homeschool program. The form or statement is then submitted to the local circuit court clerk.

Parents who try to submit a statement are often told they must use the Transportation Cabinet form. It is when parents try to obtain this signed form from school officials that the districts make their demands.

HSLDA Staff Attorney Thomas Schmidt has contacted every school district that has made these unauthorized demands. After hearing the law, most have quickly agreed to provide the form without further problems. However, at least one district stated that it was their responsibility to review students’ progress before allowing them to get a permit.

Schmidt has repeatedly contacted the Transportation Cabinet about these problems. A revised form has just been released stating that the district only needs to verify that the family has submitted a notice of their student’s attendance at a private homeschool. The revised form can be found in the members section of our website.

 Other Resources

Minor’s Application for Driver’s License Form (Members Only Site)